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B.C. strata owners ordered to stop letting visitors sleep in cars

The neighbour also complained about trash on the road and an unleashed dog.
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All garbage and items must be removed from the common road, tribunal member Richard McAndrew ruled.

B.C.’s Civil Resolution Tribunal has ordered a pair of B.C. strata owners to stop visitors from sleeping in cars and a relative from performing automotive work on common property.

Francine Fincham claims Norma Jean and Lily Greer breached strata bylaws by "parking cars on the road, leaving items and trash on the road and in their backyard, operating a business on the road, letting visitors enter the property, letting people sleep in cars parked on the road and the garden shed, threatening her and letting their dog roam unleashed,” according to a July 5 tribunal decision about the two-unit complex.

Fincham also claims a Greer relative operates a business on the common property road, doing car mechanic work, welding, metal grinding, painting as well as buying and selling items from a tent structure on the road.

Fincham said she agreed to let the Greers place the tent there in 2015 so the elderly relative could avoid the rain while entering and exiting their car.

“Ms. Fincham provided a video that appears to show the tent structure brightly illuminated at night and emitting a loud grinding noise,” tribunal member Richard McAndrew’s decision said.

While the Greers denied operating a business on the common property road, they admitted that a relative who lives at their strata lot does work in the tent, buying and selling used items to earn income, which involves disassembling and reassembling items and metal grinding.

“Based on this admission, I find that the Greers are letting their relative operate a business on the common property road,” McAndrew said.

Fincham claimed the Greers’ work affected her electricity supply. She provided a Nov. 10, 2021 statement from BB, an electric utility technician who inspected electrical issues at the property.

“BB says Ms. Fincham complained that the lights in both strata lots dimmed when the Greers operated welding and electrically powered equipment on the road,” McAndrew said.

“I find that the Greers’ relative’s use of the mechanical equipment on the road interfered with Ms. Fincham’s electrical supply,” he said.

Fincham said the parking of several cars on the road interfered with her ability to back out of the lot but McAndrew said she had not proven that.

Sleeping in cars and shed

Fincham claims the Greers let people sleep in vehicles parked on the common property road on multiple dates.

“I find that this conduct has continued,” McAndrew said, ordering the Greers to stop the behaviour.

Fincham also claimed her neighbours are letting people sleep in their garden shed, located in the Greers’ backyard.

The Greers admitted that they had let someone stay in their shed but that person left after they received a letter from Fincham’s lawyer. They said no one has slept in the shed since.

“I find that Ms. Fincham has not proved that individuals still sleep in the garden shed and I dismiss this claim,” McAndrew said.

The tribunal member ordered the Greers to keep their dog leashed at all times when on common property and remove all garbage and personal items from the road, other than parked cars and the tent. 

They must also pay Fincham's tribunal fees, totalling $112.50.

jhainsworth@glaciermedia.ca

twitter.com/jhainswo

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